A defendant shall be punished by imprisonment for six months.

However, the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

Punishment of the crime

The Defendant stated to the effect that, around November 27, 2013, at the 11st floor office of the Geumcheon-gu Seoul Metropolitan Government D Building D, the victim E, operating the clothing company in the UK, “F clothes factory is operating on the 7th floor of the above building.” By February 28, 2014, the Defendant made and supplied 82,094,00 won as the manufacturing price, because he would be able to make and deliver them.”

However, at the time, the Defendant did not operate the above “F” clothing plant, and did not have any human or physical facilities for the manufacture of clothing at all, and there was no specific plan for the manufacture of clothing requested by the victim. Therefore, there was no intention or ability to manufacture and deliver clothing as agreed upon by the victim.

The Defendant received from the victim the 15,015.57 pound (GBP) as an advance on or around December 30, 2013, 5,000 as an intermediate payment on or around February 11, 2014, and 20,000 won as an intermediate payment on or around March 4, 2014.

As a result, the Defendant acquired a total of 40,015.57 billion won from the victim (a total of 70,000 won converted into Korea).

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement of E;

1. H’s petition;

1. e-mail correspondence;

1. Application of each investigation report (with respect to suspect universal contract cases, submission of evidentiary materials, I currency representing F company, I currency representing D company, the currency of occupant company No. 1109 and J factory apartment management office currency) and Acts and subordinate statutes;

1. Article 347(1) of the Criminal Act applicable to the crime, the choice of imprisonment;

1. Reasons for sentencing under Article 62(1) of the Criminal Act of the suspended sentence [the scope of recommendation] general fraud (less than KRW 100 million) (one month to one year) in the area of mitigation (special mitigation) (one month to one year) or in the case where considerable damage has been recovered (the decision of sentence], the full amount received and agreed with the victim, the fact that there has been no criminal record of imprisonment without prison labor or more, and that there has been errors during the period of detention and reflects them.